MINUTES
Pismo Beach City Council
A•sMoseP�� Tuesday, December 5, 2023
Special Closed Session-5:00 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Pro Tern Reiss presiding.
CALL TO ORDER: Mayor Pro Tern Reiss called the meeting to order at 5:00 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Pro Tern Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
_. Matt Downing, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, City Manager
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code §54956.9: One potential case
The Council retired to Closed Session to consider the above item.
4. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
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Approved December 19, 2023 CCM-2023-12-05 Closed and Regular
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December 5, 2023
5. ADJOURNMENT
At 5:28 p.m., to the 5:30 p.m. Regular Meeting. wo
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Approved December 19, 2023 CCM-2023-12-05 Closed and Regular
City Council Meeting Minutes December 5, 2023
Regular Meeting-5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Pro Tem Reiss presiding.
CALL TO ORDER: 5:30 p.m.
TELECONFERENCE PROCEDURE
Item: Notification by a Legislative Body Member of the Need for Teleconference Meeting Attendance for Just Cause Under Assembly Bill 2449 Mayor Waage notified the City Council of the need to attend the meeting by teleconference under the provisions of Assembly Billy 2449 for just cause; gave a brief general description of the circumstances giving rise to the need to attend virtually, and disclosed that there were no other adults present at the remote location.
Action: No action.
F1-7 ROLL CALL:
Present: Absent:
Mayor Ed Waage (via teleconference) None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Council Member Inman led the Pledge of Allegiance.
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3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
6. CITY MANAGER'S REPORT
City Manager Garcia commented on various topics.
7. CITY ATTORNEY'S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 5:00 p.m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Inman:
Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.
Council Member Guthrie:
San Luis Obispo County Homeless Services Oversight Council.
San Luis Obispo County Zone 3 Water Committee.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote (Items 9.A through 9.K):
Ayes: 5 Newton, Inman, Guthrie, Reiss, Waage
Noes: 0
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Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the November 7, 2023 Closed and Regular Meeting;
2. Adopt Minutes of the November 13, 2023 Closed Session.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for October 22, 2023 and November 5,2023;
2. Approve the Register of Demands for October 20, 2023, October 27, 2023 and November 3, 2023.
Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for October 2023 of FY 2024 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.D: Annual Public Report on Development Impact Fees for Fiscal Year 2023 (Feeser)
Recommendation:
1. Receive the Annual Public Report on Development Impact Fees for Fiscal Year 2023;
2. Adopt a Resolution approving the Annual Public Report on Development Impact Fees for Fiscal Year 2023.
Legislative Record: Resolution R-2023-088 adopted.
Item 9.E: Ratification of the Purchase of Two New Pool Vehicles in Fiscal Year 2024 (Fine)
Recommendation:
Adopt a Resolution ratifying the purchase of two Toyota RAV4 Hybrid LE vehicles at a combined price of $73,505.43 inclusive of tax, title, and licensing fees, in Fiscal Year 2024.
Legislative Record: Resolution R-2023-089 adopted.
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Item 9.F: Amendment #9 to the Agreement with Rincon Consultants, Inc. for Professional Services Related to Central Coast Blue Environmental Documents (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #9 to the existing Professional Services Agreement with Rincon Consultants, Inc. for Preparation of Environmental Documents for Central Coast Blue in the amount of $23,053.
Legislative Record: Resolution R-2023-090 adopted.
Item 9.G: Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority (Fine)
Recommendation:
Adopt a Resolution approving the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.
Legislative Record: Resolution R-2023-091 adopted.
Item 9.1-11: 2024 City Council Regular Meeting Schedule (Inderlied) C .171u-1.F1M01
Adopt a Resolution establishing the 2024 City Council Regular Meeting schedule.
Legislative Record: Resolution R-2023-092 adopted.
Item 9.1: Adoption (Second Reading) of Sewer Use Ordinance (Inderlied) Recommendation:
Adopt an Ordinance adding Chapter 13.12: Pretreatment Ordinance and amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code, relating to the City's Advanced Water Purification Facility.
Legislative Record: Ordinance 0-2023-005 adopted.
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City Council Meeting Minutes December 5, 2023
Item 9.J: Adoption (Second Reading) of an Ordinance Modifying Chapter
5.22 of the Pismo Beach Municipal Code Regarding Short -Term r Rentals (Inderlied)
Recommendation:
Adopt an Ordinance amending Chapter 5.22 of the Pismo Beach Municipal Code, relating to administrative regulations of vacation rentals, short-term rentals, and homestays.
Legislative Record: Ordinance 0-2023-006 adopted.
Item 9.K: Appointment of Alternate Director to the Central Coast Blue Regional Recycled Water Authority Board of Directors
(Inderlied)
Recommendation:
Appoint Mayor Pro Tern Reiss to serve as the City's Alternate Director on the Central Coast Blue Regional Recycled Water Authority Board of Directors.
10. ITEMS PULLED FROM CONSENT
None.
12. BUSINESS ITEMS
This item was reordered.
Item 12.A: Coastal Development Permit Consolidation Request for the U.S. 101 Five Cities Multimodal Transportation Network Enhancement Project (Downing)
This item was reordered and heard prior to Item 11.A.
Recommendation:
Adopt a Resolution authorizing the California Coastal Commission to process a consolidated Coastal Development Permit for the U.S. 101 Five Cities Multimodal Transportation Network Enhancement Project.
Presenting staff:
Matt Downing, Community Development Director
Jorge Garcia, City Manager
Guest presenters:
Paul Valadao, Caltrans
Mitch Dallas, Caltrans
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Call for public comment: No comment.
Action: Adopt a Resolution authorizing the California Coastal Commission to process a consolidated Coastal Development Permit for the U.S. 101 Five Cities Multimodal Transportation Network Enhancement Project.
Motion: Waage
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
3 Waage, Guthrie, Reiss
Noes:
2 Inman, Newton
Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2023-093 adopted.
Action: Consensus in support of providing the following direction to staff:
1. Return with renderings of design options for the project for the Council's information in late January or early February 2024;
2. Send postcards to addresses throughout the entire city with information about the project.
In support:
5 Guthrie, Inman, Newton, Reiss, Waage
In opposition:
0 Absent:
0 Abstain:
0 Recused:
0 11. PUBLIC HEARINGS
Item 11.A: Public Hearing to Receive Community Input, Requests, and Recommendations for use of Community Development Block Grant Funds (Downing)
Recommendation:
1. Conduct a public hearing to receive input on the disbursement of the City's allocation of Community Development Block Grant funds for the 2024 Action Plan Year;
2. Adopt a Resolution identifying draft recommendations to the County of San Luis Obispo for inclusion in the 2024 Community Development Block Grant Action Plan.
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Presenting staff:
Matt Downing, Community Development Director
Jorge Garcia, City Manager
Public Hearing / Call for public comment: No comment.
The public hearing was closed.
December 5, 2023
Action: Adopt a Resolution Adopt a Resolution identifying draft recommendations to the County of San Luis Obispo for inclusion in the 2024 Community Development Block Grant Action Plan, with the following revision:
1. Contribute funds to the CAPSLO program that would otherwise have been allocated to the City for administrative processing.
Motion: Guthrie
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 5 Guthrie, Inman, Newton, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-094 adopted.
Item 11.13: Introduction (First Reading) of an Ordinance Approving a Development Agreement with Pismo Beach Self Storage, LP for the Property Located at 100 Five Cities Drive (Fleishman)
Recommendation:
Introduce an Ordinance approving a Development Agreement with Pismo Beach Self Storage, LP.
Council Member Inman announced her recusal due to a conflict of interest and left the dais and Chamber.
Presenting staff:
David Fleishman, City Attorney
Jorge Garcia, City Manager
Public Hearing / Call for public comment: No comment.
The public hearing was closed.
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Action: Introduce an Ordinance approving a Development Agreement with Pismo Beach Self Storage, LP.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote
Ayes:
4 Guthrie, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
1 Inman
Legislative Record: Ordinance 0-2023-XXX introduced.
Council Member Inman returned to the Chamber and resumed her seat at the dais.
12. BUSINESS ITEMS
Item 12.A: Coastal Development Permit Consolidation Request for the U.S. 101 Five Cities Multimodal Transportation Network Enhancement Project (Downing)
This item was reordered and heard prior to Item 11.A.
Item 12.B: Budget Adjustments for Fiscal Years 2024 and 2025 (Feeser) Recommendation:
Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2024 and 2025.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Call for public comment: No comment
Action: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2024 and 2025.
Motion: Newton
Second: Waage
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Waage, Guthrie, Inman, Reiss
'I
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Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-095 adopted.
Item 12.C: 2024 State Legislative Agenda and Amendment #1 to the Agreement with Townsend Public Affairs (Garcia)
Recommendation:
Adopt a Resolution approving Amendment #1 to the agreement with Townsend Public Affairs for state legislative advocacy services from January 2024 through June 2026, in an amount not to exceed $138,000; and approving the 2024 State Legislative Agenda.
Presenting staff:
Jorge Garcia, City Manager
Guest presenters:
Eric O'Donnell, Townsend Public Affairs
Call for public comment: No comment.
Action: Adopt a Resolution approving Amendment #1 to the agreement with Townsend Public Affairs for state legislative advocacy services from January 2024 through June 2026, in an amount not to exceed $138,000; and approving the 2024 State Legislative Agenda, with the following revision:
1. Add language regarding legislative support for
operation of Diablo Canyon Nuclear Power Plant,
language used in the federal legislative platform.
Motion: Guthrie
Second: Inman
Vote: The motion passed on the following vote
Ayes:
5 Guthrie, Inman, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2023-096 adopted.
the continued
mirroring the
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Item 12.D: 2024 Federal Legislative Agenda and Amendment #1 to Agreement with Thorn Run Partners (Garcia)
Recommendation:
Adopt a Resolution approving Amendment #1 to the agreement with Thorn Run Partners for federal legislative advocacy services from January 2024 through June 2026, in an amount not to exceed $153,000; and approving the 2024 Federal Legislative Agenda.
Presenting staff:
Jorge Garcia, City Manager
Guest presenters:
Greg Burns, Thorn Run Partners
Call for public comment: No comment.
Action: Adopt a Resolution approving Amendment #1 to the agreement with Thorn Run Partners for federal legislative advocacy services from January 2024 through June 2026, in an amount not to exceed $153,000; and approving the 2024 Federal Legislative Agenda.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Inman, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-097 adopted.
13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus to reschedule consideration of Updated Advisory Body Bylaws and Conflict of Interest Code from January 16, 2024 to February 20, 2024.
14. ADJOURNMENT
At 7:57 p.m
AP OVED: ATTEST:
T\
Ma An Reiss, Mayor Pro Tempore Erica erlie , C' Jerk
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